Administrative / Criminal Investigations

Policy on Inmates Using Social Networking

ADOC Inmates are not allowed to have social networking sites while
incarcerated in the ADOC. These sites are a security violation and will
be shut down. If you suspect or know of an inmate who is in violation of
this policy, please report the suspicious activity or website to I & I. I & I will notify the appropriate
social networking site(s) and request that the inmate's page(s) be
deleted.

Rights & Obligations

What are my rights?

Representation: Employees are not entitled to any
representation during an internal administrative interview. You
will be entitled to representation in any disciplinary hearing that may
result.

Garrity Rights: Statements made in a compelled
interview may not be used against the employee in a criminal proceeding.

Notice of Investigation: An employee under
investigation that declines to answer questions and is compelled to
answer is entitled to a written Notice of Investigation specifying the
allegation/s before being interviewed or before being required to submit
written documentation.

Copy of Interview: An employee under investigation
has a right to a copy of his/her recorded or written interview.

What are my obligations?

Truth: When answering questions relating to the
employee's duties and/or conduct, an employee must answer truthfully.

Duty: All employees have a duty to cooperate in all
criminal and administrative investigations. Failure to do so may
result in disciplinary action. Employees may refuse to answer criminally
incriminating questions during a criminal investigation.

Scope: An involved employee must truthfully answer
questions regarding any criminal or administrative investigation when
ordered or directed by a supervisor or ADOC investigator.

Integrity

What is a lie?

What are the consequences?

An employee with a sustained obligation of untruthfulness will
receive disciplinary action up to and including dismissal. Under
egregious cases of untruthfulness dismissal will be recommended.
Some examples include but are not limited to the following conditions:

During sworn testimony or testimony in a criminal matter such as
a defense interview.

After a Notice of Investigation has been issued and the
interview has been concluded.

An internal misrepresentation of relevant facts in a
departmental report or criminal investigation.

During an internal interview an employee is untruthful.

A sustained allegation for untruthfulness may affect an employee's
ability to remain in an assignment and may affect an employee's ability
to transfer.

Recent changes in court procedures may require that defense attorneys
be notified of any sustained allegations of untruthfulness. This
information may allow attorneys to impeach an officer's testimony.
A sustained allegation for untruthfulness may render an employee unfit
for operational duties.

The Alabama peace Officers Standards and Training Commission may
impose sanctions against the certification of a corrections officer, up
to and including dismissal for a sustained allegation of untruthfulness.

Common Questions

What if I am a witness only?

Witness employees are not entitled to representation during
interviews. An employee may consult someone if they wish before
the interview to discuss employee rights.

Employees are required to truthfully answer questions regarding
criminal or administrative matters or other matters of concern to the
department.

Employees who refuse to answer such questions are subject to
disciplinary action up to and including dismissal.

EXCEPTION: An employee may refuse to answer questions in a criminal
investigation without penalty only if the employee has criminal
liability.

What if there are criminal allegations?

Employees retain their constitutional rights regarding
self-incrimination. An employee may, without administrative
penalty, refuse to answer questions from a criminal investigator if the
employee has exposure to criminal liability. If the employee is
unsure if he/she is exposed to criminal liability, the employee will be
allowed to contact an attorney before being interviewed.